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(영문) 전주지방법원 군산지원 2014.01.07 2013고단1095
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A on November 6, 2009, sentenced on three years and six months to imprisonment with prison labor for robbery, and completed the execution of the sentence in the previous prison on December 16, 2012.

Defendant

B On November 6, 2009, the court sentenced three years and six months to imprisonment for robbery, and was released on July 30, 2012 during the execution of the sentence in the previous correctional institution on July 17, 2012, and the parole period passed on December 17, 2012. On May 10, 2013, the court was sentenced to five years of imprisonment for rape and became final and conclusive on November 15, 2013.

At around 04:00 on January 6, 2013, the Defendants considered that the Victim F (31 years of age) was talking with G and the said singing room, the Defendant considered that the Victim F would be paid a trial fee to G and H, and Defendant B provided that “I would not go against the Victim’s Habs, Habs, Habs, and so on” that “I will not go against the Victim’s Habs, Habs, and so on.” Defendant A was pushed down with the Victim’s face on one hand, and Defendant A, on one occasion, did not know the Victim’s number of days of treatment.”

Accordingly, the Defendants jointly inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol concerning G and F;

1. A written diagnosis of injury;

1. Photographs at the time of arrest;

1. Scenesic dyphographs;

1. Investigation report (the telephone conversation of a shote);

1. Investigation report (victim's F diagnosis report hearing the intention to issue the victim's F diagnosis report by telephone);

1. Previous convictions indicated in judgment: Application of the Acts and subordinate statutes to inquiry reports, investigation reports (verification reports on suspects A, B, and G at the expiration of their term of punishment), including criminal records;

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, the confession of the crime of this case by the defendants, and the fact that the defendants are divided by mistake, and Defendant A did not focus on damage and agreed with the victim.

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